If the reason for the divorce is speculation by one party, can I pass through the case filing hall?

The condition of divorce is that the relationship between the parties has broken down.

How can speculation be used as a ground for divorce?

Unless you say you often quarrel over something or something.

One party can file a case for divorce. If one party requests a divorce and the other party does not agree, the party requesting a divorce can only file a lawsuit with the court for divorce. When the court receives the complaint submitted by the parties, it shall register and file the lawsuit that meets the legally-prescribed requirements; For those who cannot be judged on the spot whether they meet the requirements for prosecution, they shall receive the prosecution materials and issue a written certificate indicating the date of receipt.

Legal basisArticle 123 of the Civil Procedure Law.

The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that meet the requirements of Article 119 of this Law must be treated with hunger. where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be informed of the matter; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

The fact that one of the spouses is missing is an increasing number of obstacles to divorce for the other party than it was a decade ago. Where the whereabouts of one party are unknown, the previous practice of some courts was to refuse to accept the case on the grounds that the address of the other party was unclear and did not meet the requirements for filing a case under the Civil Procedure Law; Some courts have the parties declare the other party missing or dead first, and then accept the judgment after the relevant legal procedures have been completed. The court's handling of the matter in this way not only caused huge economic costs to the parties, but also brought huge time costs to the parties.

If the whereabouts of one party are unknown, it will take several years for the other party to achieve the goal of untying personal relations, which is not conducive to the development and efficiency of the times. Nowadays, more and more courts have adopted the method of public notice. The specific practice of the general courts is as follows:

Step 1: One party files a lawsuit for divorce with the court; Step 2: The court serves the legal documents at the mailing address submitted by one of the parties, and if they are returned, it is preliminarily confirmed that the whereabouts of the other party are unknown; Step 3:

The prosecuting party or the court is to collect reinforcing evidence from the relevant departments that the other party's whereabouts are unknown or that there is no news of them, and further determine that the address of the other party's legal documents cannot be directly served; Step 4: The court will publish a notice on the bulletin board and related ** to serve the notice. Inform the parties of their rights and obligations and the legal consequences of not participating in the litigation in a timely manner.

The announcement period is 60 days for domestic cases and 6 months for foreign-related cases. The fifth step, the expiration of the notice period, is deemed to have been served, and the limb is violently absent from the judgment. Divorce is usually decreed.

Of course, there are drawbacks to this way of handling cases. In practice, there have been cases where one party maliciously claims that the whereabouts of the other party is unknown, and then designs to collect relevant evidence, so that many other parties whose whereabouts are not unknown are dissolved without knowing it, and even their property rights have been maliciously infringed. Since a judgment of a personal relationship cannot be retried, it cannot be remedied once it is filed in bad faith.

Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Sue for divorce to file a case.

Article 120 of the Civil Procedure Law.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 123.

The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; Where the requirements for filing a lawsuit are not met, a written ruling shall be made within 7 days and shall not be accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

Legal basisArticle 7 of the Construction Law of the People's Republic of China.

Before the start of the construction project, the construction unit shall, in accordance with the relevant provisions of the state, apply to the people's construction administrative department at or above the county level where the project is located to obtain a construction permit; However, the exception is for minor works below the limit determined by the construction administrative department. Construction projects that approve the commencement report in accordance with the authority and procedures specified in the *** will no longer receive a construction permit.

Article 8 of the Construction Law of the People's Republic of China.

The following conditions shall be met to apply for a construction permit:

A) has gone through the approval procedures for the construction project land;

2) A planning permit has been obtained for construction work in the urban planning area;

3) If it is necessary to demolish and relocate, the demolition progress shall meet the construction requirements; Mold.

4) The construction enterprise has been determined;

5) There are construction drawings and technical data to meet the needs of construction;

6) Specific measures for the quality and safety of the project;

7) The construction funds have been secured;

8) Other conditions provided for by laws and administrative regulations.